The High Court has dealt a blow to the Government's 'one in one out' asylum returns deal with France, ruling that Home Secretary Shabana Mahmood acted unlawfully when amending guidance on human trafficking protections. The change was made to expedite removals under the scheme, which sees one individual sent back from the UK to France in exchange for another. However, a legal challenge brought by five asylum seekers has revealed that the alteration had serious consequences for those at risk of re-trafficking.
The court found that Ms Mahmood's decision to remove the right for individuals initially denied trafficking protections to request a review of their case was unlawful. This means that hundreds of asylum seekers, currently being held in UK detention centres awaiting forced return to France, may be vulnerable to exploitation and abuse once they arrive.
Under the 'one in one out' arrangement, over 1,000 individuals have been removed to France since last August, with many reportedly disappearing subsequently. The Home Secretary had argued that because France is a signatory to treaties protecting trafficking victims, their cases could be adequately addressed there. However, the court heard evidence suggesting that non-French nationals and those trafficked outside of France do not receive the same level of protection in France as they would under UK law.
While other elements relating to individual decisions concerning the five specific cases were deemed lawful by the judge, all five asylum seekers have been granted permission to proceed with their individual legal claims. This indicates that further challenges may be on the horizon for the Government's controversial deal with France.